Probationary period myths busted

You’ve been offered a new job, but your new Employer has made you a conditional job offer that includes a probationary period for the first few months of your employment. What does that mean?

Probationary periods are often for the first 3 or 6 months of your new job and are used by your Employer to assess your performance and conduct during your early stages of employment, to make sure they are happy with your work.

However, probationary periods have no legal basis, so what do they actually mean? Here we give you the basic facts:

Your Employment starts from your original start date, not from the date at the end of your probationary period (when you are ‘confirmed’ in the job).

This means that your length of service, which is essential in determining your eligibility for statutory employment rights, starts from your original start date and is not affected by the probationary period.

However, your Employer does not have to wait until the end of your probationary period to dismiss you.

If your Employer does not follow a disciplinary procedure to dismiss you, and your Employers disciplinary procedure is contractual, then they may be in breach of contract.

If you believe that your dismissal is unfair and you have 2 years service with your Employer (from your original start date, not from the end of your probationary period) you can bring a claim for unfair dismissal to an Employment Tribunal. You can bring a claim for discrimination to an Employment Tribunal at any point in your employment, from day 1, you do not need to have 2 years service if you believe you have been discriminated against.

An important Employment Appeal Tribunal decision in 2007 (Przybylska v Modus Telecom Limited) found that where there is an express contractual right for the Employer to extend (or not) the probationary period, within the initial probationary period timescale, and the Employer does not do this they lose their right to extend the probation. Therefore, the probationary period is completed by ‘default’ and the employee is therefore entitled to the notice periods that apply after the probationary period (which are usually longer than those during the probationary period).

The brief details of the case are: Miss Przybylska was employed on a 3 month probationary basis from 3 October 2005. During this probation her employment could be terminated with a week’s notice and Modus reserved the right to extend the probationary period. Miss Przybylska was on holiday when her probationary period expired on 2nd January 2006 and Modus had not extended her probationary period when her holiday began. At the end of January 2006 she was dismissed with one weeks’s pay in lieu of notice.

She complained of breach of contract to the Employment Tribunal (she said she should have been paid 3 months notice after completion of her probationary period). The ET said it was reasonable for the probationary period to continue until she had received an indication of whether she had successfully completed it or not. The EAT disagreed, saying that the assessment should have taken place during the probationary period and Modus should have foreseen she would have been on holiday at its end; they could have extended the probationary period if they had not been able to complete her assessment before the holiday. The EAT felt it was not necessary to imply a term which automatically extended the probationary period.

If you are an Employer and need ongoing professional help with any staff/freelance issues then talk to Lesley at The HR Kiosk – a Human Resources Consultancy for small businesses – our fees are low to reflect the pressures on small businesses and you can hire us for as much time as you need.

Please note that the advice given on this website and by our Advisors is guidance only and cannot be taken as an authoritative or current interpretation of the law. It can also not be seen as specific advice for individual cases. Please also note that there are differences in legislation in Northern Ireland.

Hi Christopher, any Employer has the right to use them (properly) to ascertain whether someone is suitable for the job. Regards, Lesley

christopher

Its just in a different place

Graeme

I had a 6 month probation extended but didn’t have the meeting till well into 7 months, it was extended for 6 weeks, that was 2 months ago and have now had no new review, does this mean I should be on a full contract by default?

Hi Graeme, you can read about a case above on this subject – basically if it is written in your contract that your Employer can extend (or not) the probationary period, within the initial
probationary period timescale, and the Employer does not do this they
lose their right to extend the probation; so therefore your probationary period should be over and you are employed by default. Regards, Lesley, The HRkiosk

Ian

Hi Lesley. Im my case, my employer has stated that ‘during the probationary period and a reasonable period immediately following it ( if the Company has not concluded its review of your continued employment at the time the probationary period ends)
So is this allowed? and if so, what time would be classed as reasonable? I have been given a review date but it will be 8 months after I started with them ( they gave me a 6 month probationary period of which I have had no reviews in that time)

Hi Ian, thanks for your message. It’s a bizarre way of wording it, but it’s probably acceptable. Reasonable is undefined but I doubt it should be more than a month or two. Good luck. Regards, Lesley, The HR Kiosk

Ian

Thanks for your help – It’s much appreciated .

Graeme

Just to add the reasons for extension were questionable to say the least.

Nik Holt

I have a 4 week probation for my new job and unfortunately I got really bad tonsillitis on the first day of my second week and couldn’t go into work and my boss has told me he hasn’t got room for me anymore because he thinks I’m lying and he may fire me. If he does fire me, does he have to pay me for the world I did last week?

Hi Nik, thanks for your message. Yes he has to pay you for all the work you have done, he can’t not do this. Good luck. Regards, Lesley, The HR Kiosk

Chris

Hi I have just been dismissed at the end of my extended probation period and in my opinion unfairly as I know it is due to company circumstances rather my performance. However in any case I was not informed that my 6 months probation was being extended until 4 weeks after the original 6 months had ended, they then extended by 3 months and then informed me on 17th Dec that they were ending my employment due to unsuccessful probation with no reason given and no HR presence just my line manager I have been given no letter and he bought I would b happy they would give me a months pay provided I “didn’t make any noise” I should have 3 months notice under my contract if I have completed my probation. Am i correct in assuming that I can view my probation as complete due to late notification of extension and that it should have been a maximum 2 months extension?

Can I also assume they have Breached my contrac as have never had a disciplinary procedure nor HR presence at the meeting my manager said he felt it was better not to have HR presence.

Thanks

Chris

Charles Robertson

I had successfully completed 4 months of my 6 month probationary period as a contractor [not an employee], when my contract was terminated without notice. My contract stated that I would be working remotely [at home] for the entire length [6 months] of my probationary period.

I was told that the reason for my contract ending, was because the company wanted only to use in-house employees from that point onwards. So, my contract was not terminated because I was in any way incompetent. I have e-mails from the employer to prove this, and of course, a signed contract stating the points outlined above.

The employer never carried out any probationary assessments during the time I was working for this company. But, at no point, was I told that my work was sub standard. I was always punctual and engaging during our daily morning meeting, and I was never cited for misconduct.

The project I was working on, was completed successfully.

Do you think that I am legally entitled to claim for the 40 days of paid work that was still outstanding on my contract?

Hi Charles, thanks for your message. This is going to depend entirely how your contract is worded, but I expect it’s unlikely you could make that claim. You need to read the termination clauses in your contract and see what they say. Good luck. Regards, Lesley, The HR Kiosk

Charles Robertson

Thanks Lesley for your reply. Here is my contract:

Dear Charles,

Further to our
recent meeting, I am pleased to offer you the position of Senior Developer,
reporting directly to Debbie Vincent.
Location for employment will be home based but you will need to attend planning
and technical meetings at our offices at 6, The Forum, Icknield Way, Tring,
HP23 4JY 1 day every 2 weeks. Start date to be the w/c `12th July
2015

Remuneration:

We agreed that
we would take a 6 month probation period based on a Salary of £200 per day.

After the period of 6 months we
would be delighted to consider a full time position should you wish. This would
offer you additional benefits of a salary in the range of £50,000/annum along
with pension, private health, 30 days paid holiday (22 days plus 8 public
holidays) and flexible working hours to be agreed.

We are delighted
to offer the opportunity to join SportFocus and look forward to welcoming you
to the company and enjoying a long career with us. Please sign both copies of this offer
letter, retaining one copy for you and return the other to me.

Hi Charles, there is probably nothing you can do I’m afraid. You might want to get a lawyer to look over the contract though, to see if there may be a claim for the payment for the work you have not completed. Good luck. Lesley

Charles Robertson

Thanks Lesley for your reply. Yes, I was hoping that I could get the employer to pay for the remaining period of my contract [2 months]. I was advised, by a solicitor, that it would come under ‘wrongful dismissal’ for breach of contract. The main problem is that I was unaware that my contract had been terminated for at least 2 months. If I had been aware, I could have started looking for work with a new employer, at the end of November 2015. Instead, it took them nearly 2 months, to admit that my contract had actually been terminated on November 20th 2015. I also figure that they might be guilty of discriminating between remote contractors & in-house employees. Their employment strategy changed whilst my contract was still in progress.
One of the reasons they gave for the termination, was that they only wanted to employ in-house developers. My contract explicitly states that I was entitled to work from home for the entire 6 month contract period. There seem to be multiple failures here on the part my employer. The question is, was my employer just acting unethically or was it acting unlawfully?

charlotte

Would you use a probabtion period for a member of staff employed over two years who is offered a promotion to a new role?

Hi Charlotte, you could, but it may be pointless because if you were not happy with their performance then you’d be looking at a dismissal and they’d have enough service to make a claim for unfair dismissal. Regards, Lesley, The HR Kiosk

BrownTrousers

My partner has just been dismissed after completing a 3 month probationary period.

The reason given is they believe her performance isn’t good enough because she is distracted by the stress of a legal case she is currently involved in. Her last review a month ago was a good one. They have suggested she reapply for the job in six months time. Should she have been given a warning that her performance wasn’t of a high enough standard before this review?

Hi BT, thanks for your message. Yes she should have been given a warning, but I’m afraid there is little she can do about this, apart from appealing the dismissal, which she may want to do. Good luck. Regards, Lesley, The HR Kiosk

Tony Mark

My probation that was meant to be the 31st December finally happened on the 20th January-about three weeks late.
My direct supervisor has passed me on everything but another supervisor claimed he was told by a colleague that i was not willing to learn when i worked with them at another site and as a result was extending my probation by another three(3) months.
Now my questions are:
(1) Was he right to have acted based on the information my colleague gave in a sensitive matter like this?
(2) How sure is he about what he was told?
(3) My direct supervisor with whom i have worked over the past three months is happy with my performance and does not have any issues with passing me straightaway.
(4) Over the two days i worked at that site, nothing happened as I was given tasks which i completed without complaints from any quarter.

I am trying to understand the possibility of taking colleagues verbal judgments into account without evidence and/or reasons to do so.

Hi Tony, could you ask your direct supervisor to talk to the other supervisor. They should take more than one person’s information into account in this situation, but each company will have their own ‘standards’ that need to be met. good luck. Regards, Lesley, The HR Kiosk

Mandy Feakes

My daughter was dismissed from work, her first job. she worked as bank staff for 3 months then she was taken on as full time member with a six month probationary period. She thought the probationary period ended six months from the original contract and when she asked her manager she was verbally told she had successfully completed it. Only to be told a month later that in fact it ended six months after the second contract started. At this time, six months after her second contract started, her manager raised some concerns about some aspects of her progress, so extended the period for three months. During this period no one discussed with her, her performance or raised any concerns so she thought she was improving. Out of the blue her contract was terminated. My concern is that if her performance was not improving someone should have been discussing this. Can she appeal this dismissal? Because she was dismissed within the probation period the normal disciplinary procedures were not followed therefore not giving her a chance to further improve. She worked for this employer for one year and 3 weeks and was escorted off the premises. She worked hard and was committed and loyal member of staff, does she have any rights to appeal this?

Hi Mandy, thanks for your message. Some form of disciplinary procedure should be followed during a probationary period, and she should have been told if there were concerns about her performance. She does have a right of appeal against her dismissal and she should do this. Unfortunately, apart from appealing, there is little else she can do, as she does not have unfair dismissal rights until she has been there 2 years. Good luck with this. Regards, Lesley, The HR Kiosk

Mandy Feakes

Lesley thank you for your comments and advice which have been very useful. If you do not mind I have a couple more questions. Her contract actually started on 2nd April 2015 she was not informed by her manager that the probationary period was to be extended until a meeting on 22nd October, three weeks later. I understand from information below that at this point she is employed by default and should receive a full four weeks notice and not the one week she did receive. Although she was not employed for the statutory two years and cannot claim unfair dismissal does she have a legal right to be paid the correct amount and if her employer doesnt pa, what rights does she have?

Hi Mandy, she should say this at her Appeal; it’s likely that her Employer will argue against this, but it is worth asking for the correct notice as she presumed she had been made permanent. Regards, Lesley

Martin

I have just been dismissed this week from a Global role after 3 weeks of my probationary period with the reason cited as a company restructure. I left a my old company in mid December and started my new role the beginning of January. At my old company I had senior management role and had very well paid position and after 8 months of negotiation on this new role for the new company. On my termination interview with the HR Director who was 2 weeks in to her new position stated that she knew about my position being at risk the first day I met her on day 7 of my employment. The company has given me 1 weeks notice and no compensation what so ever. All communication with my last company has completely stopped and I cant even to get them to acknowledge mails, incurred expenses or a payslip.
As you can imagine this is not a great start to the year for me, after being promised stock options with the view that the company would be sold in 2-3 years and a nice contribution to my pension pot. I understand that my rights during my probationary period are limited and from what I have read I cant see great recourse form me to try and address this. I would if I understood that that there is a good chance of winning a “reasonable” claim, but as you can imagine I need to try and spread whatever savings I have to try an secure something new.
Any advice would be appreciated

Hi Martin, do you have anything in writing about promised stock options etc etc…… as you may be able to make a claim for breach of contract, especially if you can find out when the company actually realised they would be doing this (if you can find out they were considering this before you started that would help your claim). It might be worth phoning Acas to see if they think you may have a claim of any description. Good luck. Regards, Lesley, The HR Kiosk

Martin

thanks Lesley

Ray

Hi, I have been workin with the same company for 17 years since i left school and started as an apprentice with the usual 6 weeks trial period and i was promoted to the deputy heads position after 4 years with no probation period and now i have been offered the head greenkeepers job due to him retiring at the end of next month and have been told i would have to serve a 6 months probation period from the beginning of March without full pay for this position until after the 6 months and i feel this is a bit unfair as i have been deputy head for past 13 years and i am obviously competent in role of head as i have covered this position when head greenkeeper has been on holiday or of sick in past 13 years without any problems or complaints. I was just wundering if you think this is right or if there is any advice you could give me to try and reduce this probation period? as i have had nothing in writting or new contract yet

Hi Ray, thanks for your message. This does sound unfair, but there is nothing to stop a Company requiring a probationary period when promoting. However, if your probationary period was not successful then you could have an unfair dismissal claim. Can you talk to them to explain your reservations about this and find out why they think this is necessary? And see if they will agree to a shorter period? Good luck. Regards, Lesley, The HR Kiosk

alan

So just to be clear – employers cannot officially extend probation after the original probation time has passed? I have a situation where my period expired, but I had no review/assessment at any point in this period and received no official notification I had passed probation. Then a month after the original period ended I received notification that my probation was being extended. Thanks

Hi Alan, if it is written into your contract that your Employer can extend your probationary period, and they do not confirm they are doing this, then yes the Courts found that the probationary had been ‘passed’ automatically. Unfortunately, I don’t think many Employers are aware of this! You might want to bring it to their attention? Good luck. Regards, Lesley, The HR Kiosk

alan

Thanks so much 🙂

Lucy

Hello Lesley, I have a question I have been working for 5 months in this company, the probation period in my contract is 3 months,after 3 months work my probation period was extended for 1 month the reason they gave me to extended my probation was my performance wasn’t good enough (that i totally disagree) and then after another month they extend again for another month, in my contract theres nothing about probation extension the only thing it’s says 3 months probation period.Also they dont allow me to take Holidays saying that i am in my probation period and Im a unreliable employee because I asked one day off in December ,Has the company the right to extend my probation without it be written in my contract ???

Hi Lucy, your Employer does not have the right to extend your probationary period without this being specified in your contract. However, there is probably not much you can do about this in reality, if they are not happy with your performance anyway, as that may just aggrevate the situation (you could put in a grievance, but I’m not sure how this would realistically help you). Your Employer can though, not allow you take holiday in your probationary period (you accrue them during this period but they can require you not to take them in that period). Good luck. Regards, Lesley, The HR Kiosk

Sarah Lloyd

Hi Lesley, I have a situation where a manager has confirmed someone is successful in there probation before their actual probation date of 6 months (one month early). There is no issue with the employee but in terms of paper confirmation
to that individual does anything need to be referenced about that? To elaborate further – in their contract we make reference that after 6 months and being successful in their probation period they are entitled to company sick pay and company car. As they a one month short of this date is there anything I should be concerned about?

Hi Sarah, thanks for your message. If they are ‘succesful’ early then I would say that they are then a permanent employee with permanent employee benefits, and you should write to them to confirm that. Good luck. Regards, Lesley, the HR Kiosk

Leslie

Hi Lesley. I started a job 9 months ago with a 6 month probationary period. I quickly found out there has been a huge turnover in this position (I am a PA) and after my 6 months, my probation was extended for another 3 months. It says in my contract that the company reserve the right to extend my probation. I work for two MDs, one of which I do much more work for. I had a meeting with both them in which the reasons given were very minor and quite incomprehensible but obviously I had to accept it. I never received an official letter from HR, this all happened verbally. My extended probationary period should have ended at the end of February but I reminded both of my bosses separately a few days ago that this was the case. When I spoke to my English boss, he said he was bety happy with me. When I spoke to my French boss, which I do most of the work for he said it would be difficult to make me permanent. I asked for reasons and he didn’t know what to say and invented reasons for things I hadn’t done and I have evidence HE did this knowingly. Then he finally said ‘maybe we just don’t get on. Maybe we clash ‘ so he admitted it had nothing to do with my performance. He also said my English boss complained of the same thing but I told him we’d just spoken and he is happy with me. I’m not sure if he is lying or if my English boss decided not to stick up for me as I do mist of my wotk for my French boss (I’ve been told he’s not stick up for people in the past in the same position). Sorry for the long mesage, but what rights do I have if I think I’ve been unfairly dismissed? I’ve been told informally I can stay until the end if the month (when I’m probationary period my contract says I have one week’s notice)?I believe they have said two because they know what they are doing is unfair. My French boss has a reputation for being disliked by everyone. I’m trying to ask to stay 3 weeks to have more time to look for a job and have offered in exchange to do a handover with a temp. My name is Leslie too!

If they will give you more than 1 week’s notice then I’m afraid that is good; you can ask for more time but they don’t need to do that. They may be in breach of your contract if you have a contractual disciplinary policy which they are no following to end your probationary period, but there is not much you can realistically do about that I’m afraid.

Sorry I dont’ have anything more positive to advise. Good luck in looking for a new job. Regards, Lesley, The HR Kiosk

Leslie

Sorry for the typos in my previous message Lesley.

sean brown

Hi i was appointed as an assistan manager with 9 months probation after 4 months i was told it was not working out after no letters of concern or reviews to raise any issues they had with me.I worked 9-11 hour days some days with no break,i was never told they were not happy with me at any time and asked on numerous occasions to have more training in cashing up and banking to no avail the area manager told me not to worry as new training programes were coming up . i injured my back at work and was booked off for 3 weeks just to summoned to work and told they no longer need m as it was not working out.MY manager i worked with could not believe that they had ende my employment as i say not once was i told by any body i was doing any thing wrong in the whole time i was there.
Thanks
Sean

Hi Sean, thanks for your message. Yes your employer should warn you if they felt there were issues with your work. However, I’m afraid there is really not much you can do about this, as if you have been working there under 2 years you have no right to claim unfair dismissal. You do have a right of appeal against their decision, so i would do this, as you can use the appeal to explain you weren’t ever informed of any issues. Good luck. Regards, Lesley, The HR Kiosk

Pete D

Hi, My case is a bit complicated. My probation period ran out on the 27th Jan 2016, approx. 1 week before that we had the formal chat with HR and they terminated my employment for performance reasons, go figure. All seems textbook, but, my contract specifically states that termination can only be conducted in writing by the company and I have received a termination letter stating that my termination date is the 4th Feb 2016, can I now claim 3 months notice? P.S my contract also stated that they can extend the probationary period and they did not.
Thanks Pete

Hi Pete, thanks for your message. If the letter is dated after the end of your probationary period then yes you should be able to ask them for the notice you are due after the probationary period. Good luck. Regards, Lesley, The HR Kiosk

Josh Hunting

Hi Lesley, how are you?

I’m on my probation period at the moment that started as a 3 months period but it was extended a further month (making a total of 4 months). I joined this company according to my professional skills that were agreed on a series of interviews, but after joining the company my current manager asked me to perform some works that I don’t have the skill to deliver and was never agreed on first place. Because of that I had my probation period extended with the ask that I should perform the skills I do nos possess and did not agree in the beginning.

But, during my time in the company so far I’ve been helping with my skills to deliver good work that even my manager’s manager (the CEO) congratulated me on with other people from the company. But the only person that does not seems to be impressed is my current manager. And in the end, the way my company structure is the final decision will be from my manager.

Just so you know, there is a big need to perform my kind of skill within the company. And that’s what I’ve been doing for the past 3 months.

In summary: I’ve been doing the work I agreed on doing since the interviews. I’ve been exceeding the expectations delivering high quality work to several part of the business that even the CEO recognised but my manager is not impressed by it stating that now he needs me to also deliver work that I’m not skilled to do.

My question is: If after my probation period ends and I’ve been let go, is there anything legally that I could do because of the fact that I’ve been providing the work I’ve been asked to do and also been documented praised by many other work colleagues apart from my direct manager? And just to add, as a suggestion of the HR I’ve asked for about 10 colleagues that I worked directly to provide feedback of my work to my manager. And all the feedback is very positive but still does not seem to make much of a diference for my manager that only talks about the lacking of needed skill that he now wants me to provide.

Hi Josh, thanks for your message. I’m afraid there won’t be anything you can do about this if your employment is ended, as you need to be there 2 years to make an unfair dismissal claim. Clearly you have already spoken to HR, so I wonder if it would be worth speaking to them again, as obviously they are aware of the rather odd situation. However, if they end your employment you do have a right of appeal, which should be heard by someone more senior who did not make the decision (i.e not your manager), so at that point you can raise all the points you have made above. Good luck. Regards, Lesley, The HR Kiosk

Romain de Courcy

Hi!

A few days before the end of my 3-month probation period, I am given notice I am being let go for financial reasons, ie the company cannot afford to keep me even though nothing’s wrong with my performance. I assume this is therefore a redundancy and not an actual dismissal. The thing is, they are taking an intern starting the very next day after my probation ends and that intern will have the same position/title as me. Is this right? I read somewhere that in the case of a redundancy a company cannot employ another person for the same position.

Hi Romain, thanks for your message. This may well be a redundancy situation, and if it is then they shouldn’t employ another person doing the same job. However, this is not really going to help your situation – you have been dismissed whether you have been made redundant or not, and there is nothing you can do about this, i.e. make a claim for unfair dismissal if you have under 2 years employment with them I’m afraid. Good luck. Regards, Lesley, The HR Kiosk

Anom

Hi – I have recently had my probation period extended from 3 months to 4 months – and they are now stating it is being reviewed on a weekly basis. They have not given me an end date – should they give me an end date?
I also consider that I am the only one in the department having my cases audited and they seem to be picking up on every little thing, despite others (from me talking to other staff members) who work in the same way but they have not been pulled up. Could I allege discrimination ? Who should I raise it with – HR or the manager? Thankyou

Hi – I left my job today after a series of events I believe I can claim to be discriminatory. I was employed on a 6 month probationary period, on interview I made my manager aware of my disability (fibromyalgia) and this was not deemed to be a problem. Two weeks ago I was diagnosed with COPD and informed my manager, who made no comment at all (which I was very surprised about). Since then she seems to have been ‘nit-picking’ at anything she can find, many of these contradicted the instructions I had been given earlier. I had a review last week and was informed that she did not believe I was as ‘far on’ as she would have hoped, and was not performing to the same standards as a member of staff who has worked for the company for two years. During this review I asked if my new diagnosis would impact on my employment, and she asked “do you need to be at work?” Today I found out that my manager has advertised for another member of staff to perform the same job as I am doing. I asked her if my employment was in jeopardy, and was told ‘not at the moment’ but that my probationary period would likely be extended and that if sufficient improvement was not seen then… My manager did not have any issues with my work (and did not voice any issues) until I informed her of my COPD. Do I have a case for unfair discrimination?

Hi, you should call Acas to discuss this with them, as if you decide to take a discrimination case to Tribunal you would need to go through Acas first. Good luck. Regards, Lesley, The HR Kiosk

Too_Much

Hi, I’ve just been told that I didn’t pass my probationary period due to my demanding attitude towards another manager which is rubbish as I merely just made a suggestion. They also claiming that the shop I ran wasn’t making enough money. I’ve been there 4 months and was dumped in a run down shop to which they knew it was run down and would take time to build back up, they since implemented a new promotion within the last 2 weeks and expect things to pick up immediately which it hasn’t as the town has become a ghost town. I’ve even asked other shop managers and they all say the same that its so quiet. Do they have reasonable grounds to dismiss me?

Hi, if your employer reasonably believed you weren’t performing your job well/meeting objectives etc etc (any criteria laid down) then this may be a reasonable reason to dismiss you. You do have a right to appeal their decision, which you may want to do? Good luck. Regards, Lesley, The HR Kiosk

Modi

hi my contract started last year on 14 of Dec 2015 with a probation period of 3 months the probation period ends on 13 of march which was Sunday , on 14 march my manager called me and said they want to extend my probation period . the contract say “upon satisfactory completion of probation of 3 months, your appointment will be automatically confirmed”. can they extend my probation after the completion date ?

hi Modi, they would need a contractual right (in your contract) to extend the period, but this should be done before the initial 3 month period is up. Have they explained to you why they want to extend it? Good luck. Regards, Lesley, The HR Kiosk

KMan

Hello, I was given a ‘promotion’ to office supervisor last year March from another position in the company. I was given a 3 month probabtionary period for this new role. I never heard anything further after this, until recently when I had another ‘appraisal’ with my boss, and a few days later received a letter stating that I have been put on another 3 month probation. Can they do this after I have been in the same position for more than a year? I have been with the company for 2 years and 9 months. I would appreciate it if you could advise what my rights are, and could you tell me what the notice period would be from both sides? Thank you.

Hi Kman, thanks for your message. If they did not confirm or extend your original probationary period then they should not be extending it now. It is pointless on their part, as you have been there for over 2 years, so you would have rights to claim unfair dismissal at an employment tribunal, whether they ended your employment if you were ‘in’ a probationary period or not. The notice period will be whatever is in your contract of employment, or the statutory minimum if you haven’t been told the notice periods (details are here – https://www.crunch.co.uk/blog/small-business-advice/2008/09/24/written-statements-and-contracts/ )
Good luck. Lesley, The HR Kiosk

Mj

Hi Lesley, I was dismissed today on the day of my 6 mix probation mainly because we all have a feeling our manager is behind it and not our supervisor as she dismisses females with a certain race/religious clothing 4 within the last 3 months but the only boy to be dismissed had all 3 warnings plus extra time to get his act together before he was actually dismissed, but the girls no actual warning but anyways. I have had a very good relationship with my supervisor who had tons be countless times even day before my probation I would not dismiss any of you as your all performing I may extend it by a month if anything. So to my surprise I was told after 6 entire months that on that very morning a had a bad reference come back then was questioned about my conduct. Ie wickedness in the 6 months which I was given a 1st warning for but when I had another instance and had a meeting was given no further action as my supervisor did not feel any sicknesses should have a warning and even advised me if I do get I’ll take the time of I need in order to get back to better health instead of in then taking another day etc off. please could you shed some light as this makes no sense. Also my previous does not own the place anymore and cannot be contacted so I’m not sure who they even took the reference off as the new ownership which I have not even worked for, I have refused to come back to work for them which may mean if they spoke to them she may have given me a negative reference just for that. Please let me know if I have any rights on this situation. As I am baffled by turn of events.

Hi MJ, thanks for your message. If you think there are discrimination issues here on your manager’s part then you could ring Acas to discuss this with them, with a view to taking a case to Tribunal on discrimination grounds. Good luck. Regards, Lesley, The HR Kiosk

DSG1986

Hi Lesley,

I was dismissed from my probation period last Friday – 5 months and 1 week into the 6 months further to an appraisal at 3 months when he advised he was very happy and a text confirming I’d successfully completed 3 months.

First of all the meeting to discuss it was called an “update meeting” when booked by text two days prior leaving me no oppurtunity to prepare or bring anyone in with me in direct breach of the guidelines provided to me in my staff handbook.
Secondly the grounds on which I was released was that I mentioned my employers private life to a customer in so much as the customer referred to him as work shy and lazy and I defended him by advising that he had business interests outside of the business in which I was employed and his family lived away so he visited them also. Does this constitute any breach from my side?
Finally I received a letter the next day advising it was actually a ‘capability hearing’ in which further to the above he questioned my success completing tasks despite advising I had “far exceeded expectations professionally” in the meeting.

Where do I stand on this? Naturally I can’t go back there but I’m not unemployed with a blemish on my CV and need some advice.

Hi Dan, thanks for your message. Basically, I’m afraid that apart from appealing his decision there is little you can do about this as you cannot claim unfair dismissal as you have not been there 2 years. Clearly, he should have followed his procedures properly, but only if these procedures are contractual would he be in breach of contract for not following them. If you did not give away any confidential information to the customer then I can’t think you have done anything wrong, apart from the fact he did not like it. Good luck. Regards, Lesley, The HR Kiosk

gitca

Hi Lesley…I was fired after working for a month an a half. The reason why is because I ate at my desk the following day they immediately fired me without being given any notice .. I think the real reason behind if this is because my supervisor is having conflicts with other people in management and because of this she she’s am not in net side and she fired me .. While working there they never gave be a copy of my contract that I signed can I take them to court?

Hi Gitca, thanks for your message. I’m afraid there isn’t going to be anything you can do as you’ve not been there long enough. You should legally receive a written statement (contract) within 2 months of starting. Good luck. Regards, Lesley, The HR Kiosk

Bryony

Hi wondering if you can help, I was dismissed from my job on Saturday after calling in sick two due to my daughter being hospitalised and myself being sick. They said I hadn’t followed the company procedures yet the first time they had no problem. Yet this time I hadn’t done the right thing, but the thing is I’ve never been told the company procedures for calling in sick. There is other issues that they sacked me on but there completely understandable but I just can’t get my head around this. Many thanks

Hi Bryony, you have a right of appeal against your dismissal so you may want to do that, pointing out that you had not been made of the correct procedures etc. Good luck. Regards, Lesley, The HR Kiosk

Kc

Hey!
Wondering if you can help me with a work situation.
I’m 5 months into a 6 month probation period. About 6 weeks ago my line manager did a 1-2-1 meeting with me and basically slated my performance and everything I was doing. He said the team have been telling him lots of things that I’m apparently doing wrong on his days off and that I stand around and do nothing
This is, of course, untrue. I work incredibly hard and have done lots of retraining with all the staff. One member of staff has been promoted out to another store under my guidance and the others who wanted my help are flourishing.
However the other day a ridiculous ‘gross misconduct’ case was raised but when I slammed this down to lack of training, my objection was dismissed.
So tomorrow I have a “formal end of probation meeting” which I have been told could end in termination of contract
Tell me. Would I be best to hand my notice in now or sit it our and get fired? I think it’s completely unfair and so do most of the staff.
Thanks.

hi Kc, thanks for your message. I’m afraid I can’t advise as to whether it’s best to resign now or be sacked, that has to be your decision based on your knowledge of the situation and how you prefer to deal with it; although I can see why resigning might be better for you. You will have a right of appeal against your dismissal but that may not get you anywhere and there is really nothing else you can do about it after that. Good luck with this. Regards, Lesley, The HR Kiosk

Patricia Ogden

Hay I started a new job 3 weeks ago at a cleaning company 12 and half hrs a week which works around child care and I have never been late, never had a complaint and I actually enjoyed the job I was doing girls I work with are great.. However I went in as usual and my work collague told me I have to be let go.. I asked her on what ground she said there is no reason I am probation… A new girl starts in 3 days… Where do I stand? I signed a contract

Hi Patricia, thanks for your message. I’m afraid there is little you can do about this – a probationary period gives your Employer no easier way to dismiss someone/end their employment but they should follow a procedure to do this. You have a right of appeal against your dismissal but other than that there will probably not be much you can do about this. Good luck. Regards, Lesley, The HR Kiosk

Linda Almeda

Hi. I was employed in a live in permanent post with a 6month probationary period. Durning the probationary period either party could terminate giving 1 months notice. (After 6months this increased to 2 months).
5 months into the probationary period I decided that the job was not for me and because I knew that it would be difficult for my employer to replace my position quickly I gave 2 months notice in writing. I received confirmation of this notice stating my finish date from my employer
2 weeks into my notice period I was called into a meeting. I was told that my contract was being terminated with immediate effect and that I should vacate the accommodation within 1 week. And that I would be paid in leiu for the remainder of my notice. They would however only pay me 1 months notice as that was all I was contracted to give.
My question is. If they wanted to end my contract should they have given me 1 months notice from the date of the meeting or could they take it from the date of my resignation.
Thank you in advance.

Hi Linda, thanks for your message. As they gave you counter-notice I would of thought they should have given you 1 months notice from the date of the meeting; if you were still within your probationary period then that would be 1 month. Good luck. Regards, Lesley, The HR KIosk

Ana

Hi, I started a new job 2 months ago (I was previously working for the same company for 1 month as interim and they gave me the permanent role after this). I am in probationary period (6 months) and I have just found out that I am 6 weeks pregnant. Could I be dismissed for this reason? Should I tell my company? I feel quite bad keeping the secret but I am scared of the consequences…

Hi Ana, thanks for you rmessage. If they dismiss you solely because you are pregnant this is discrimination and not something they should do. You don’t have to tell the company immediately but should do at some point – more details about maternity are here, with links to information on discrimination too – https://www.crunch.co.uk/blog/small-business-advice/2011/02/25/maternity-leave-and-pay/
Good luck. Regards, Lesley, The HR Kiosk

Karen Fenwick

Hello Lesley. My employer has extended my 6 month probationary period twice now. Their reasons have been challenged by me with documentation evidence to support my case. They however chose to terminate my contract giving unsuccessful completion of probationary period as a reason for dismissal. Nowhere in my contract of employment and specifically under the clause containing probationary period does it mention that an extension is permitted. Can I appeal the decision and claim wrongful dismissal for breach of contract?

Hi Karen, you should certainly appeal their decision and point it out to them they have no explicit right to extend the probation. It might be worth talking to Acas about a claim for breach of contract as it would cost you money to pursue with possibly little benefit to you at the end of it; but it would be worth talking to Acas about it. Good luck. Regards, Lesley, The HR Kiosk

Lou

Hi, I am at the end of my 3 month probation, I’ve had a review after month one and two, I have been told they are very happy with my work!
I was meant to pass probation this week and my line manager told me he was going to pass me however the night before my meeting the person who I’m PA to suddenly out of the blue told him she doesn’t think she can work with me anymore? However she has given no indication over my probation she is unhappy with my work etc and as I’m also a receptionist – they have been happy with my work. Where do I stand If they choose to terminate my contract? I have a meeting again after the weekend after my line manager takes in why she doesn’t want to work with me anymore as he is just as shocked by this sudden change. The previous meetings have been written down and states he is very happy with my progress.

Hi Lou, thanks for your message. Although this is unfair, I’m afraid there is really little you can do about this if they end your employment. You would have a right of appeal, when you can point out that this was the first you knew about her views. But you have no right to claim unfair dismissal as you haven’t been there long enough. Good luck. Regards, Lesley, The HR Kiosk

Gemma

Hi, I’m not sure what I’m after really, not sure if it’s advice or other people just to empathise. I have been with my company for 5 months as an accommodation manager, the site opens in September and part of my role is to convert enquiries into sales. Our sales are 11% and the client has given my company a great amount of pressure regarding this. I have had monthly 1:1’s since I started and no cause for concern has been highlighted and all areas of my role have been praised. I haven’t received any negative feedback from my manager and have regularly asked him, his superior, marketing etc what more (if anything) I can do. I found out I was pregnant 3 months ago and we were completely surprised, we are now 4 months into the pregnancy and work are aware as I have severe epilepsy. Today I was informed my probation review would be next week with not only my manager but a member of the HR team and on the same day they have interviews for a role at site. It wasn’t exactly made a secret what’s happening and in the meantime I am expected to carry on. I understand they will terminate employment on grounds of sales (although it has been highlighted in the past sales are down to a number of things – bad marketing / late in the market for our city / building site deterring customers ) and so I think I am very much a scapegoat and being let go to free up money. Does anyone have any knowledge as to whether I am owed any amount of money at all in lieu of being let go? Any advice would be great.

Hi Gemma, thanks for your message. If they are dismissing you then they should dismiss you with notice, but it’s unlikely you’d be due any other money on leaving as you’ve not been there long enough. You are also due any holiday entitlement you have accrued but have not yet taken. If you think you are being dismissed because of your pregnancy then this is pregnancy discrimination which is illegal – more details are here

Hi, just been dismissed from my job after 4 months on probation. From day one they made excuses about my performance when I had never worked in that environment before. I feel I should have been given one weeks notice. Am I entitled to holiday entitlement and pay in lieu of notice.
I was not told their decision to terminate my employment until I was about to leave by a letter from another member of staff in another department.
What are my rights as I am in a position of unemployment and no financial means to support my family.

Hi Mk, thanks for your message. Yes you are entitled to notice pay (which is 1 week unless your contract says differently) and you are entitled to be paid for the holiday you have accrued during your time there and not already taken. They obviously should have told you that this was a possibility but there really isn’t much you can do about the way they have handled this as you have not been there long enough. You need to contact them to find out when you will receive your notice pay and any holiday entitlement. Good luck. Regards, Lesley, The HR Kiosk

Anon-London

Hi, I was called into a meeting with the partners of my firm and told they will “have to let me go” as they do not believe they need someone to do my role for a year. This happened after 7 months with the firm. I had a 6 month probationary period which was up when i was on holiday. They did not give me a letter stating that i had successfully completed my probation and had only spoke with the business manager about my dismissal on the same day as informing me. They asked if we could come to an arrangement on notice as they acknowledged it was outside the probation but they hadn’t confirmed i had successfully completed it. I reminded them that it says 3 months notice in my contract. They still have not informed me in writing. can you tell me if i am entitled to 3 months notice with pay or if i should accept what they offer me? Does it make a difference if they call it “dismissal” or “redundancy”? thanks!

Hi Anon, thanks for your message. If they had the right to extend your probationary period, but did not do so, then you should receive 3 months notice (see the information above). It doesn’t matter what it’s called, dismissal or redundancy, the same notice period stands, unless you agree otherwise. Good luck. Regards, Lesley, The HR Kiosk

Vitamin X

Hi, I have handed in my notice which on my contract states is three months. I have been here just under 8 months. I did have a three month probation period, but it was never confimed in any formal way that I had passed. It was just assumed. Does this mean I need to work the full three months still or can I negotiate to leave earlier with this discrepancy as leverage at all?

Hi Vitamin, you would be required to give 3 months notice, however there is no reason why you can’t try to negotiate this down, it may work. Good luck. Regards, Lesley, The HR Kiosk

Milktray2016

I have been with a play group for 6 months and I have had no problems until my anxiety kicked in, which I though I had under control. I was off for a week. They recently highed a teacher to come and look into things and I’ve been picked on ever since.

The last time I was off sick I went to the doctors and it turned out I had a mild case of phumonia and was told to rest and take antibiotics. On my way home I bumped into a member of the committees at the train station and told her where I had been. I go to work the following week and dragged into a meeting and told my work is rubbish and they don’t believe I was sick and I got the job because I said that my anxiety was under control. This is from the same person who told me in the original interview not to mention my health issues to anyone – which didn’t help with the problem.

I passed with flying colours with my 3month probation even asked to go for dept manager and because I was caught at the train station they said this is also one of the reasons they were getting rid of me, my doctors is in the next villIage after the doctors in the village wrongly diagnosed me with a cold last year when I had the flu and was rushed into hospital.

Another member of staff had also been sick and in hospital for 3 days the day she left hospital she went out clubbing and then phoned in sick the following Monday.

Hi Milktray, you will have a right of appeal against your dismissal and you should explain your trip to the Doctors etc (did you get a fit note from the Doctors). If they won’t let you have an appeal (you should) you can put the details in writing to them and ask them to reconsider their decision in the light of your side of the story. Good luck. Regards, Lesley, The HR Kiosk

Milktray

They pretty much side they had made up their mind and that I don’t actually have any rights as I’ve not been there for two years – the guy I spoke to laughed in my face when he said it. I should also mention I was struggling with the written work and wanted to disapline me for it – I was diagnosed in college with mild dyslexia – I did have the paper work but my last employment lost it when they went into administration

Hi Milktray, you don’t have a right to claim unfair dismissal but you do have a right to have an appeal against your dismissal. Regards, Lesley

Waveatree

Hi, My daughter has mild learning disability and has been working as a cleaner at a school. A new company took over the contract last month , she had previously worked for the former company for two months with no complaints. Two weeks ago she hurt her hand out of work and this was known to the company, she continued working although they did not perform a risk assessment and subsequently she had to attend A & E as the pain in her hand was worse , the x ray has now shown a fracture and it has been put in a splint. She was told that she should refrain from work until it has healed a period of 3-6 weeks. The day she advised the company she received a letter saying that ” under the terms of her contract she was under probation for six months and that they wanted to hold a review as they were concerned about some of her performance. Including the time taken to complete tasks and the quality of some of her work.. She was warned it would likely result in her dismissal” The letter was dated 8/7 and review scheduled for 12/7 . As of the 8th she was signed off sick by her GP so is technically on sick leave . She has had no complaints from the previous company and has helped other staff out when she has finished her work so does not understand why they are making these complaints now as she has never received any feedback about her work from either her former employer or from the teachers in the school. Whilst I know that this probationary clause is an easy option for employers to get rid of staff they don’t want but since they have not supplied her with a contract after one month, did not carry out a risk assessment to judge if her injury allowed her to work at the required level I question if they as an employer have follow the Health & Safety guidance they should have and if they have a right to request that she attend a review meeting while she is on authorised sick leave by her GP. She was also not had any direct communication from the company as both the letter “delivered by hand” and the request to attend today were delivered by a fellow colleague who is not her supervisor . They are aware of her phone number but did not contact her directly. I tried to ring them last night but got no reply from the supervisor and sent him a text message asking for clarification as the colleague who delivered the message also has learning difficulties and communication can be unclear . He has not responded. What advice would you give her . Thank you.

Hi Waveatree, her employer can ask her to attend a review while she is on sick leave, although they should be more sympathetic especially as the injury happened at work and delay the meeting. They should have given her the right to offer a written statement to go into the review, if she could not attend the actual meeting. if they have conducted the review in her absence then they need to write to her to explain this, explain what the outcome of the review is and give her a right of appeal against any decision they have made about her employment. Good luck. Regards, Lesley, The HR Kiosk

Prawn

Constructive Dismissal during probation period? If the employer continues to break rules, breach contract etc (Despite it being brought to their attention) can you claim constructive dismissal?

Hi Prawn, you can’t claim it unti constructive unfair you’ve been there 2 years; you may be able to claim breach of contract though, it depends on what rules they are breaking. Regards, Lesley, The HR Kiosk

Evan

My six month probation was nearly up and the job I had involved checking buildings for squatters and keeping the yard clean which I did when I first started the job I was shown which places to check bare in mind these places are often very poorly lit , their was one door I was not shown , one day I went into work and I was confronted by a squatter , I informed my boss who called bailiffs and removed them a week later I went into work and was fired on the spot , my boss says I deliberately let the squatters in and maybe even gave them keys I’m sorry but why would I do this my boss did not believe me or the lady who worked on the shift before me so we were both instantly dismissed it’s so wrong and I doubt their is anything I can do about it

Hi Evan, thanks for your message. I’m afraid there is little you can do about this – your boss should have followed a procedure to sack you, he should not have done it on the spot, but there isn’t really much you can do. Good luck. Regards, Lesley, The HR Kiosk

Looloo

does anyone know if your job can be advertised whilst you are still in probation period for said advertised job? My employer who I have worked for for around 12 years offered me promotion in March with 6 month probation, I have been informed that the job I am in is being advertised, can they actually do this?

Hi Looloo thanks for your message. No they shouldn’t do this without them explaining to you what is going on. As you have been there so long the probationary period is slightly pointless as if there is no job for you at the end of it then they would need to either make you redundant or find you another suitable job. Good luck. Regards, Lesley, The HR Kiosk

Robyn

How much notice do I have to give when I haven’t passed my 6 month probation period?

HI Robyn, whatever is in your contract; or if you haven’t got one then you would need to give 1 week’s notice. Regards, Lesley, The HR Kiosk

nickie

HI so i was taken on by my employer on the 25th May everything was great 4 week review was excellent then i witnessed something that my manager did and since then he turned against me he held onto my holiday form and kept maing excuses why he had not authorised it he took on another supervisor while i was still the supervisor there, he had told other members of staff he was going to get rid of me so all week i had known that i was going to fail my probation !!!! he also came in on the 26th August a day after my 3 month probation ended sat in the office printing out my Failed probation letter on the printer by me !! then took me into a meeting to tell me i had failed and he used the most ridiculous reasons to why this was. can he do this a day after my probation date had ended.

Hi there
Please can you help. My partner has just been dismissed whilst into his probation period. They have told him that he cannot appeal for this to be overturned and he has not received anything in writing to say he was dismissed, nor paid for the notice period. I am aware he can claim for payment of his notice period and any holiday accrued but how does he do this when he has nothing in writing? He was off sick for several weeks due to medical tests. His doctor had signed him back to work on light duties but his work refused him back until he had the all clear. They then dismissed him based on him having too much time off. Is there anything we can do as he has not been paid at all in his last pay packet (he was monthly paid)

Hi Karen, thanks for your message. If there’s nothing in writing (e-mails?) then does he have a payslip that shows he’s not been paid. He should phone Acas and explain the situation to them and see if they will ‘conciliate’ with his employer prior to him making a claim for unpaid notice and unpaid holiday pay; that may make the company do the right thing. Good luck. Regards, Lesley, The HR Kiosk

Paul Bennett

Hi All,

I started a new job on the 16th of May this year. After 2 months of training and passing my exams to be authorised to provide advice as a mortgage consultant, I had a weeks holiday. A couple of weeks ago, I had a 2nd week of holiday. Both were authorised and my new employer was fully aware of them. While on the 2nd holiday, I had a bad fall and have broken my leg in 2 places with a minimum 6 weeks out but more likely 2-3 months. I asked my boss today if my job is secure and he told me I have been deauthorised and he will be reviewing my position when he next sees his boss on the 13th of September. He would not say my job is secure and told me they will need to look at the situation not only personally by my manager as he hired me but from a commercial view point as well.

From what I’ve been reading, they can sack me because I broke my leg. In a nut shell, I have no power here. Is that correct? I have a mortgage to pay and the change of career was a huge step for me to take and now it appears they can drop me just like that. I was in a secure job but not getting anywhere but all the sudden my new career and life has been turned upside down because I have broken my leg.

Is there anything I can do? Can I be sacked while still off sick or do I have to return before they can do that? Does a formal meeting/disciplinary have to take place?

Hi Paul, thanks for your message. They can in theory sack you because you are off sick, but they should do this properly – i.e. follow a procedure which will include a formal meeting/disciplinary. They can invite you to this while you are off sick but should take into account whether you are able to attend it or not. If they are a large, well-known, company I would expect them to treat you fairly and follow a proper procedure. Good luck. Regards, Lesley, The HR Kiosk

Chris Atkinson

I competed 6 months probationary period ( one months notice either way) on the 18th July 2016. On the 25th July I was signed off on the sick with chest pain which has taken 7 weeks to be managed. I formally advised my company on Wednesday 7th Sept that I was fit for work on Monday 12th Sept 2016. My MD phoned me on the 9th Sept saying that my position was at risk of redundancy as there was no other work for me after this contract in my current Job Role. If I am made redundant, as my company never advised me that my probationary period had been successfully completed or extended it during my probationary period, will It be deemed that I had passed my probationary period by default and will therefore be entitled to a 3 months notice period as per my contract?

Hi Chris, thanks for your message. Yes I would agree that they should treat the probationary period as completed as you had not been advised otherwise, so should be entitled to the higher notice period. Good luck. Regards, Lesley, The HR Kiosk

Gale Brown

My son was on a 3mth probation. 2 and half mths into probation and on a day off he got a call saying he was sacked. He has had no verbal or written warnings. All he got told was that he picked 2 wrong items on the day before. He was told when he started he would have training which he did not get. Can you tell me if euro car parts can do this. They were told that he was a diabetic and also had learning difficultities. Hope you can help us as this is not 1st time this has happened to him. Thank you gale

Hi, I am a cleaner working 2 hours per day 4 days per week. I started my role 6th September and I have been made aware today that the contract is being passed to a new supplier on the 21st of October. The office floor whom I clean for have requested the clean be increased from 2 hours per visit to 4 hours which I can not do and have advised them of this. I have since received notice that my employment is terminating before the end of my probationary. Is this illegal? Thank You Miss Hill

Hi S, thanks for your message. I’m not sure if your current employer is terminating your employment or the new supplier? Your employment can be ended – have you been told why it is being ended (the exact words they used)? As different rules apply to different scenarios. In some scenarios, if you can’t do the hours they now require they should look to find you other work. However, you can’t claim unfair dismissal until you have been there 2 years so that is not something you can pursue. Regards, Lesley, The HR Kiosk

Amy Craig

hi I started job on the 18th july, I had a 3month prob peiod. I have had two reviews and in the second one I told of some issues I was having with my line manager at the end of the review I asked is any issues with me I was told my line manager had made the same issues but it was easy sorted out in ameeting. the line manger then went of sick. in the next review I was told that they wouldn’t be given me employment after the period because they had received too many complaints I asked what these were and was told I can ask in writing I asked why I wasn’t give the chance to give my side I was told committee had made decision. I have since check the companies house and two of the committee involved in the decision and my last review one was resigned from a director in mar 2016 and the other isn’t registered. where do I stand as the chairperson didn’t know anything until I phoned them and has agreed with me that she knows of no complaints.

Hi Amy, thanks for your message. All you can do I’m afraid is appeal their decision – they are dismissing you so you have a right of appeal. Good luck. Regards, Lesley, The HR Kiosk

Lisa Jane

Hi. My daughter is 16 and she had an interview for a weekend job thursday last week. She got the job. Was asked to go in for training for 1 hour the following day (Friday) after school. This ended up being an hour and a half. She was then asked to start the next morning (yesterday). When she asked about a contract to sign she was told that she only signs that at the end of her 3 month probation period. They also haven’t taken her bank details yet either.

She worked 9 hours yesterday and 7.5 hours today. She is not enjoy the job and is stressing now over the hours as she has a lot of A Level work to do. She was intending on getting an 8 hours a week job but at interview feels that it all snowballed so fast.

In the meantime we have received some very sad news that my father in law may only have a few weeks to live. He lives 2 hours away and my husband wants the family to spend the weekends visiting him for now.

Would it be acceptable for my daughter to pop in to work after school tomorrow and explain that she does not want to return next weekend because she underestimated the the hours and is feeling overwhelmed with it and the fact of the situation with her grandfather?

As she hasn’t signed a contract would she have trouble and would she still be paid for the hours she worked this weekend?

Hi Lisa, thanks for your message. Yes she should tell them she can’t continue, she doesn’t need to give them any notice as she’s not been there long enough. It’s not relevant that she doesn’t have a contract. She should be paid for the hours she has worked though, so she needs to give them her bank details. Good luck. Regards, Lesley, The HR Kiosk

Debbie Harris

Hi Lesley, my daughter accepted an Admin role in a school and was given a 6 month probationary period. The school employed a new office Manager 3 months ago who has taken a disliking to my daughter and has been throwing her weight around. My daughter was given a letter as she left for the day and was told by the Office Manager that it was for a formal meeting the next as she did not feel my daughter was fulfilling her job description. My daughter has never received any formal training and after looking through her job description has been able to list many examples of where she feels she is fulfilling her job description that she will discuss in the meeting. It does appear to me to be more of a clash of personalities rather than job performance. The meeting is booked for this morning and as my daughter left the office yesterday she heard the Office Manager tell another member of staff that my daughter was not fulfilling her job description! How does my daughter stand with this situation if she is told that she has lost her job at the meeting.

Hi Debbie, thanks for your message. Your daughter needs to give examples of what she is doing and also make it clear that she has not had any training, and they should really allow a period to ‘improve’ rather than dismissing her straight away. If they don’t do this and they dismiss her instead then she will have a right of appeal which should be with a more senior person, where she can explain her concerns about the new office manager. Good luck. Regards, Lesley, The HR Kiosk

Katie

Hi, I am in a position where there is a 3 month probation period. My contract states that during this probationary period each party has to give each other only 2 weeks notice for the termination of contract. I handed in my notice about 2 weeks ago – confirming a 1 month notice period which was agreed with HR at the time and I have an email from them confirming that my last day would be 03/11/16. They have advised me today that they are letting me go with immediate effect but won’t be paying me a further two weeks notice period. Is this allowed?! or do they have to pay me two weeks in lieu of notice if they won’t let me work the two weeks notice?

Hi Katie, thanks for your message. If they agreed with you a 1 month notice period then they should honour that so you need to go back to them about this. Good luck. Regards, Lesley, The HR Kiosk

Jade Berry

Hello, I am currently being bullied by my line manager. I do not want to leave my job but feel that if I don’t she will find a reason to get rid of me anyway, she has been unnecessarily digging around going over my activities from months back to pick up on any times I have been a few mins late etc. (even though given no reason to) and is only doing this to me. I am 8 months in to my 10 month probation period and am unsure what is best to do. Can I claim constructive dismissal? I have spoken to HR who believe I do not have a case and rather (I believe this may be down to the fact we have just had a 3rd of our staff leave with stress and they can not afford to lose any more staff, especially management). Rather than investigate my manager was informed I went to HR which she verbally informed me of in an aggressive manner, I am now being referred to Occupational Health because I stated the bullying is effecting my health and I don’t feel this is right. Any advice? I would be most grateful.

H Rigby

Hi Jade, you will not get constructive dismissal as you have only been employed for 8 months (you must have at least 2 years continuous service to claim for constructive, or unfair, dismissal) unless you can say you have been discriminated against. Regards, HR

M.

Hi, I have a doubt and maybe you can help.
I’ve started about 2 months ago a new job in a manager position and on the contract is written that I should have 6 months probation. Already before signing I told them that it sounds too long to me and usually I had 3 but the person hired me told is normal and doesn’t count too much..just kind of formal things but I don’t feel safe as I’m feeling I don’t have a real rights somehow.
As I’m already making very good improvent to the company and increased the income of more than 20% in this short lenght of time, I create my team work and also I have facts and numbers that prove my good job I was thinking to ask to end my probation now and make my contract more “real” or shorte at 3months. Do you think I can ask for that?

Hi M, thanks for your message. 6 months can be a normal probationary period for a more senior position. You could certainly ask/explain your concerns, but I doubt they will change the time period (especially if other people in similar positions have the same period). Good luck. Regards, Lesley, The HR Kiosk

k

Hi my situation is unfortunate and down to bad timing, I have major personal problems at home which I do not really wish to discuss here, however I took a new job and I have completed training but am now on the actual job on a 6 month probationary period. My body has suffered stress overload and has made me quite violently ill, my Dr has infact said that I need to take medication and has signed me off for 2 weeks deeming me unfit to work at this moment in time. I don’t know if I dare put my sick note in as I don’t want to fail my probation, can they legally terminate my probation or employment because of a sick note? or indeed while a sick not is in effect?

Banes

In short, yes, they can terminate your employment, even if you have a sick note. They may wish to explore in more detail whether your health condition may constitute a disability, because that is one of the protected characteristics that you can claim unfair dismissal for from day 1 – however, it sounds like it is something that has only come on recently, so I think you’d be unlikely to be considered as disabled. Employers will assess performance, conduct and attendance during the probation period. They may give you a short time to return to work, or perhaps they will extend your probation by the amount of time you take off. However, if they have concerns then there wouldn’t be much to stop them giving you notice to end your employment. The best thing you can do is be honest about your circumstances and ask for their support – if you have been doing well in the job then hopefully they will give you a bit of time to sort things out.

Danielle

Hi my partner got unfairly dismissed. He was in probation and had a back accident injury at work. He got sent home near end of shift and had one day of absence. Went to doctor who said wanted 3 weeks minimum off to recover and to return on light duties. His work said no that basically it would risk losing his job so he returned and plodded on in agony. He had a performance review week after which the manager was saying that he’s made his decision already to get him fired and judged his performance on his injury even though they know about the accident. The manager bullied him and made the weeks difficult. There was no risk assessment they didn’t care about his health and safety. He requested a meeting with the lady who hired him to discuss his unhappiness and get support for him she said was fine and was adamant no union to be present at meeting. He then couple days later received a letter to give disciplinary meeting which was never mentioned. He attended the meeting with union Rep the store manager said he had too much time off which records show he had 1 day off and he said they classed the sent home days as abscene even though was there majority of them shifts. Others that started same time had more time off than him and no meeting. The store manager also said he was not going get better and was best for company to get rid of him and with union rep there as witness manager they were better off without him. Is there anything that can be done he even said twice if they consider an extension which they declined and fired him. Was like they had already made there decision before meeting.

hi i am 6 months into working for my current employers and have picked up a back injury in work. i went to my GP who signed me off, my job doesn’t have any light duties so there was no other choice. i tried to return to work after the sicknote ran out but because i have to carry a 20litre knapsack on my back i cant cope with the weight, i also had no back to work interview or risk assessment . My boss told another member of staff to tell me that my GPs prognosis wasnt good enough, so we had a meeting and she insisted i go to an injury specialist which was 30 miles from where i live, at my own cost, which i did. i then went back to my gp to tell them the results of the specialist, i was then signed off for another week with a referral to physiotherapy and last week signed off for another fortnight. i have received a letter of a meeting i am to attend tomorrow about discussing my absence reasons and my future employment with the company. there has been an issue of breach of contract as to notifying the company of my injury as most correspondence has been by text message with my manager, i have tried to call but he was unavailable so i left texts and a phone call after that to confirm he got my txt and to notifying the company of what is happening. what are my rights?

also i have a few other grievances about a breach of personal medical information of some tests i was going for of a personal nature amongst colleagues after my explicit wish of confidentiality between my boss my manager and myself.

also my boss asked me to lie to customers about my experience (or lack of it) to customers which led me to question ethics and morality.

Hi Tony, thanks for your message. You have a right to be treated fairly and your employer should do all they can to give you alternative duties if you are unable to do your normal job; however if they are unable to find you alternative work then they may feel there is no choice but to end your employment. You need to explain to them about you did try to contact them. If they end your employment then you do have a right of appeal against this. Good luck. Regards, Lesley, The HR Kiosk

Angela

Hello, I joined a university 18 months ago as a Deputy Payroll Manager. My appointment was subject to a 12 month probationary period. The current Manager was off on long term sick and still is, so training was minimal and work was hard and relentless to ensure all staff were paid on time and accurately. During this time, I implemented many changes to improve processes and efficiency. We have also experienced significant system and process changes. We are a team of 2 with occasional support from a temp, and will often work late or come in at weekends to ensure payroll deadlines are met.
Although I was unaware, the university does have a robust probationary procedure, detailing the need for setting objectives and holding regular reviews during the probationary period, which must be documented. This process was not followed on any level during my first 12 months. At the end of the 12 months when I expected my appointment to be confirmed it was extended by a further 6 months. Although I had not seen the procedure, I now know extensions should not exceed 3 months. Objectives were set along with a written promise of time, space and training to achieve them. A new Payroll Manager was appointed and my first 2 months were spent training him on payroll processes. 3.5 months into the 6 months, a temp was employed, who I had to train while the manager and other team member were on holiday. Basically, new staff added to my workload and I worked on objectives at home. Some of the objectives required training which was not given. I did receive 4 review meetings where any concerns about time were brushed over. No allowance was made for holiday or sickness of team members and work completed towards objectives was deemed unsatisfactory, though I strongly dispute this.
At the end of the 6 months I was dismissed on 3rd November 2016, which was when I was given a copy of the Probationary Procedure. I am appealing with the help of the Union, but the person hearing the appeal is on the exec committee who would have authorised my dismissal. If I lose the appeal, would I be able to go to Tribunal as I only have 18 months service, based on not following procedures.
The procedure states that my Probationary Officer must be trained for this position and I do not think he was. He was also absent for the first 3 months of my extended probationary period.

Hi Angela, thanks for your message. The only way you could go to Tribunal in the circumstances you’ve described above are for breach of contract – so if the disicplinary and probationary procedures are contractual (i.e mentioned in your contract) and they were not followed properly then this is breach of contract. It sounds bizarre that they have a 12 month probationary period anyway, that seems far too long, generally you would know whether someone was a right fit for the job much before that. Good luck with this as it sounds like you have been treated very badly. Regards, Lesley, The HR Kiosk

Alison Bennett

Hello Lesley,
I started employment 3 weeks ago which was a part-time role working Tues-Thurs. I was employed under a 3 month probationary period and my contract states I should be given one week’s written notice by my employer during this period. I thought I was doing a good job, however very unexpectedly I had a phone call at home last Monday from the MD and I was told “it’s best you don’t come in tomorrow.” When I questioned why this was he said the Finance Director had advised him that I didn’t have the right skill set. I totally disagree and I suspect this happened because I had queried something with the Finance Director which didn’t look right on the accounting ledger which she had been overseeing. I have received nothing in writing. I wasn’t given the opportunity to discuss my performance or the reasons for my employment being terminated and feel this is totally unfair. Another point is I signed the written contract I had been given but as the MD wasn’t in the office any of the days I worked in the last week I worked I had left it in the office and as far as I’m aware, it wasn’t signed by my employer. He did however email me a contract (unsigned) when he confirmed I had been offered the job. I feel I have the right skill set, the agency who placed me have said they believe I have the right skill set and I haven’t been given a fair chance. Is there anything I can do?

Hi Alison, thanks for your message. You should be able to argue that the contract ‘stands’ as you were sent it and you were working under its terms; therefore you are owed 1 weeks’ notice if that is what it said you were entitled to. The only other thing you can really do is to appeal against their decision, right them a letter to explain why you are unhappy with their decision. Good luck. Regards, Lesley, The HR Kiosk

Adam naq

Hi, would be greatful if someone can help, i started a job 3 months ago with a 3 month probation period, it is in a busy office where the company really promotes talking and communicating with colleagues to keep the company spirit high, today was my 3 month meeting and my probation was failed! I did have 2 lateness early on which i worked on and wasnt late there fore onwards which the company were happy for me to continue working! From early on i felt as if i was being singled out by 3/4 team leaders, as they would contantly report back to my team leader about myself talking to other colleagues, every small move which they perceived to be out of line and they would come down on me like a ton of bricks whereas the other colleagues would not have a single thing said to them, the reason for dismissal essentially was due to me being a distraction to the people around me and not balancing my work allthought in my meeting the manager clearly stated my work productivity and quality was very high, so i feel if my work rate was so good why was i dismissed for talking to other colleagues? (My colleagues would happily point out im not a distraction) i asked if i could appeal and was told i couldnt, but surely there must be something i can do as there is evidence of great work and the fact i feel only i have been singled out by the team leaders, i really do feel they made their decision a short time into me working already. Please help

Hi Adam, thanks for your message. You do have a right of appeal against your dismissal so I would write to them to appeal. But other than that, I’m afraid there is very little you can do about this as you weren’t there long enough to claim unfair dismissal. Good luck. Regards, Lesley, The HR Kiosk

Katarina Bronis

Hello, I would like to ask if someone could help me with my issue. My 6 month probation period ended on November 16th. The situation at my work place was very bad last 2 month. Las week, 3 weeks after my probation period was over they told me that they want to extend my probation period. They never say for how long. However, for me was clear that they do this because they are planning something nasty as I wrote grievance 1 month ago and i never even received a reply regarding the issue. I was working hard and under pressure and was treated in very bad way. I couldn’t cope and therefore I handed my resignation letter with one month of notice on last Friday and I received an email following day that I will finish within one week time as my probation period has been extended. Are companies to allow to do that extend you probation period 3 weeks after it has been passed? Would you be kind enough and advice me what to do? Thank you

Hi Katrina, it’s going to depend what was written about your probationary period in your contract. If it is written down that your Employer can extend the probationary period,
within the initial probationary period timescale, and the Employer does
not do this they lose their right to extend the probation. Therefore, your probationary period is completed by ‘default’ and you are
entitled to the notice period that applies after the
probationary period. You are entitled to more notice pay but you can only enforce this by going to an employment tribunal. You could contact Acas with a view to them ‘conciliating’ with the employer for your full notice pay, it won’t cost you any money at that stage, and may be worth a go. Good luck. Regards, Lesley, The HR Kiosk

Richard

I was employed by asda and was working nights from 27th sept and had to do 12 week probationary period they didnt pay me till 11th of november cause they mistakenly paid my October wage into another collegues account so i couldnt put any gas on or eat properly i caught larengitus and was of for one day and without warning or notice they have now finished me do i have any rights please thanks

Hi Richard, thanks for your message. The only rights you have I’m afraid is to appeal their decision to sack you, which you may want to do, giving them all the facts of what happened, so they reconsider their decision. Good luck. Regards, Lesley, The HR Kiosk

Velibor

I was wondering what is the procedure of the university does not follow is own probation procedure? They state in theit internal documents that I should be given their decision to confirm (or not to in this case) my academic position at least six months in advance, however I only received it with a 3 week notice. I have been employed just shy of 4 years.

HI Velibor, thanks for your message. It depends if the probationary procedure is a contractual document or not, and so if they have breached your contract. It might be worth talking to Acas as you may have an unfair dismissal claim if you’ve been there that long and they have not followed their procedures correctly. Good luck. Regards, Lesley, The HR Kiosk

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